Terms of Use
We are delighted to welcome you
to JaxWorks Website. This site is offered to you, the user, conditioned
upon your acceptance without modification of the terms, conditions, and notices
contained herein. Your use of this website constitutes your acceptance and
agreement to all such terms, conditions and notices. If you do not agree to the
terms and conditions of use, you may not access or otherwise use this website.
Use Limitations
This website is for your
personal and non-commercial use. You may not modify, copy, distribute, transmit,
display, perform, reproduce, publish, license, create derivative works from,
transfer or sell any information, software, products or services obtained from
this website, except as follows:
You may download and make
copies of the content and other downloadable items displayed on this Site for
personal, noncommercial use only, provided that you maintain all copyright and
other notices contained in such content. Copying or storing of any content for
other than personal, noncommercial use is expressly prohibited without the
prior written permission from JaxWorks, or the copyright holder identified
in this individual contents copyright notice.
Notices
JaxWorks owns the compilation copyright to this website. JaxWorks ©
2008 All rights
reserved.
Liability Disclaimer
The information and other
material published on this website may include inaccuracies or typographical
errors. Changes are periodically made to the information contained herein. JaxWorks reserves the right to change the website at any time, in its discretion.
JaxWorks does not warrant that the functions contained in the website or any
materials or content contained therein will be interrupted or error free, that
defects will be corrected, or that the website or the server that makes it
available is free of viruses or other harmful components. JaxWorks and its
subsidiaries and affiliates shall not be liable for the use of the website,
including, without limitation, the content and any errors contained therein.
JaxWorks MAKES NO
REPRESENTATION ABOUT THE SUITABILITY OF THE INFORMATION, SOFTWARE, MATERIALS,
PRODUCTS OR SERVICES CONTAINED OR DISCUSSED ON THIS WEBSITE FOR ANY PURPOSE. ALL
SUCH INFORMATION, SOFTWARE, MATERIALS, PRODUCTS OR SERVICES ARE PROVIDED "AS IS"
TO THE FULLEST EXTENT PERMISSIBLE BY LAW WITHOUT WARRANTY OF ANY KIND AND ALL
WARRANTIES, INCLUDING IMPLIED WARRANTIES, CONDITIONS OF MERCHANTABILITY, FITNESS
FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, ARE EXPRESSLY DISCLAIMED.
IN NO EVENT SHALL JaxWorks BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE,
INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY
CONNECTED WITH THE USE OF THIS website OR WITH THE DELAY OR INABILITY TO USE
THIS SITE, OR FOR ANY INFORMATION, MATERIALS, SOFTWARE, PRODUCTS AND SERVICES
OBTAINED THROUGH THIS website, OR OTHERWISE ARISING OUT OF THE USE OF THIS
WEBSITE FOR ANY PRODUCTS OR SERVICES OR HYPERTEXT LINKS TO THIRD PARTIES OR FOR
ANY BREACH OF SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION
THROUGH THE SITE OR ANY LINKED WEBSITE. FURTHER, COMPANY AND ITS SUBSIDIARIES
AND AFFILIATES DISCLAIM ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, WITHOUT
LIMITATION, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR
PURPOSE, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF
JaxWorks HAS BEEN ADVISED OR THE POSSIBILITY OF DAMAGES. BECAUSE SOME
STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR
CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
JaxWorks DOES NOT REPRESENT OR
ENDORSE THE ACCURACY OR RELIABILITY OF ANY ADVICE, OPINION, STATEMENT, OR OTHER
INFORMATION DISPLAYED OR DISTRIBUTED THROUGH THE WEBSITE. YOU ACKNOWLEDGE THAT
ANY RELIANCE UPON SUCH OPINION, ADVICE, STATEMENT, MEMORANDUM, OR INFORMATION
SHALL BE AT YOUR SOLE RISK. JaxWorks RESERVES THE RIGHT, IN ITS SOLE
DISCRETION, TO CORRECT ANY ERRORS OR OMISSIONS IN ANY PORTION OF THE website.
JaxWorks DOES NOT AND CANNOT REVIEW ALL MATERIALS POSTED TO THE SITE BY
USERS, AND JaxWorks IS NOT RESPONSIBLE FOR ANY SUCH MATERIALS POSTED BY
USERS. HOWEVER, JaxWorks RESERVES THE RIGHT AT ALL TIMES TO DISCLOSE ANY INFORMATION AS NECESSARY TO SATISFY ANY LAW, REGULATION OR GOVERNMENT REQUEST, OR TO EDIT, REFUSE TO POST OR TO REMOVE ANY INFORMATION OR MATERIALS, IN WHOLE OR IN PART, THAT IN JaxWorks SOLE DISCRETION ARE OBJECTIONABLE OR IN
VIOLATION OF THIS AGREEMENT.
No unlawful or prohibited use.
As a condition of your use of this website, you warrant and represent to JaxWorks that you will not use this website for any purpose that is unlawful,
violates any third party's rights, or is prohibited by these terms, conditions
and notices.
Links to third party websites.
This Site may contain links to
Sites operated by third parties. Such links are provided for your reference
only. JaxWorks does not control such Sites, and is not responsible for their
content. The inclusion of such links within this Site does not suggest any
endorsement of the material on such Sites or any association with their
operators.
Monitoring
JaxWorks may monitor your
use of this Site, and may freely use and disclose any information and materials
received from you or collected through your use of this Site for any lawful
reason or purpose.
Changes in Website
JaxWorks may change, suspend
or discontinue any aspect of the Site at any time, including the availability of
any Site feature, database or content. JaxWorks may also impose limits on
certain features and services or restrict your access to parts or all of the
Site without notice or liability.
Your Representations
You represent, warrant and
covenant that: (a) you shall not upload, post or transmit to or distribute or
otherwise publish through the website any materials which (i) restrict or
inhibit any other user from using and enjoying the website, (ii) are unlawful,
threatening, abusive, libelous, defamatory, obscene, vulgar, offensive,
pornographic, profane, sexually explicit or indecent, (iii) constitute or
encourage conduct that would constitute a criminal offense, give rise to civil
liability or otherwise violate law, (iv) violate, plagiarize or infringe the
rights of third parties including, without limitation, copyright, trademark,
patent, rights of privacy or publicity or any other proprietary right, (v)
contain a virus or other harmful component, (vi) contain any information,
software or other material of a commercial nature, (vii) contain advertising of
any kind, or (viii) constitute or contain false or misleading indications of
origin or statements of fact; and (b) that you are at least eighteen (18) years
old.
Your Indemnification
You hereby agree to indemnify,
defend and hold JaxWorks, and all its officers, directors, owners, agents,
employees, information providers, affiliates, licensors and licensees
(collectively, the "Indemnified Parties") harmless from and against any and all
liability and costs incurred by the Indemnified Parties in connection with any
claim arising out of any breach by you of this Agreement or the foregoing
representations, warranties and covenants, including, without limitation,
attorneys fees and costs. You shall cooperate as fully as reasonably required in
the defense of any claim. JaxWorks reserves the right, at its own expense, to
assume the exclusive defense and control of any matter otherwise subject to
indemnification by you and you shall not in any event settle any matter without
the written consent of JaxWorks.
Service Contact
If you have any questions about
this website or have technical problems in accessing information on our website,
please contact us at webmaster@jaxworks.com.
Modification
JaxWorks reserves the right
to change the terms, conditions and notices under which this site is offered.
Governing Law
This Agreement is governed by
the laws of the State of Florida applicable to agreements entered into and
wholly to be performed therein. You hereby consent to the exclusive jurisdiction
and venue of the state and federal courts within Duval County, Florida for the
resolution of all disputes arising out of use of this website. Use of this
website is unauthorized in any jurisdiction that does not give effect to all
provisions of these terms and conditions, including, without limitation, this
paragraph. You agree that no joint venture, partnership, employment, or agency
relationship exists between you and JaxWorks as a result of this Agreement or
use of the website.
Legal Process
This Agreement is subject to
existing laws and legal process. Nothing in this Agreement shall derogate JaxWorks' right to comply with law enforcement requests or requirements relating
to your use of this website or information provided to or gathered by JaxWorks with respect to such use.
Invalidity
If any part of this Agreement
is determined to be invalid or unenforceable pursuant to applicable law
including, but not limited to, the warranty disclaimers and liability
limitations set forth above, then the invalid or unenforceable provision will be
deemed superseded by a valid, enforceable provision that most closely matches
the intent of the original provision and the remainder of the Agreement shall
continue in effect.
Entire Agreement
This Agreement contains the
entire agreement between you the user and JaxWorks with respect to this
website. It supersedes all prior or contemporaneous communications and
proposals, whether electronic, oral or written, between the user and JaxWorks
with respect to this website.
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